LAW AND BENEFIT REVIEW

[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
'for all disability issues’
disability.matters@yahoo.co.uk
www.lawandbenefitreview.co.uk
[01285-861752]
REVIEWS, ARTICLES, COMMENT, UPDATES, LEGISLATION, BENEFITS, PENSIONS, CARING, NHS, BILLS WATCH, ETC.
August 2008
[edition 27]

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Summer at last, and with it come the freshness of the latest edition of the Law and Benefit Review [LBR]. We have never experienced such a busy year since we first began publishing the LBR as a printed monthly booklet in 1998. Could it be that the new Prime Minster has a new broom? It did appear that at one time, 2008 was to be the ‘year of the carer’, with all the new announcements on caring and carers by the Prime Minister, and his new broom in the first quarter, and Ms Harman’s revelations on March 1 when she stated that working carers could keep their benefits. Now we are not so sure with the announcement in April 2008 of the possible cuts backs in Independent Living Funding which we reported in April 2008. Add to this the further cut backs by social services on their care service’s which is leaving many elderly and disabled people in desperate straights. The same old storey, provide hope and funding on the one hand for the deserving people that look after us so everything looks rosy, and then threatening to take funding away from the very people who also need it to continue to live independently and whom carers look after. It’s a mad, mad world we live in.

May we remind all readers that all the information, legislation, state benefits, blue badge parking regulations, caring features, etc. that we include in our Law and Benefit Reviews only applies in law within England, Wales, and on occasions Northern Ireland and Scotland. When Scotland or Northern Ireland is excluded or included from the changes or new regulations that we include in any article, we will note this in the article. We do not ever include Southern Ireland matters as frankly we know nothing about their legal system or how the Country operates their state benefit system. HOWEVER, for general information on the Irish State Benefit and Pensions systems try www.citizensinformation.ie or www.askaboutmoney.com. For State Benefits try www.safehomeireland.com/benefits.htm and State Pensions try www.seniorsnetwork.co.uk/pensions/irishpen.htm

We would also like to remind readers to log onto our other website https://beehivethisisgloucestershire.co.uk and read it in conjunction with the Law and Benefit Review. If you don’t, you will miss another mass of information and articles. Give it a try.

We have introduced a method of identifying articles printed in the Law and Benefit Review. As from the August 2008 edition, after each article will appear a code such #43/1234 or #12/1234, etc. which will identify our files. If any wishes to know more about a particularly article, then it would be useful if the caller would take a note of the code and the date of the Law and Benefit Review it appeared in before telephoning us which will save hours of searching for the correct file. Thank you.

EXHIBITIONS

INDEPENDENT LIVING NO LIMITS 2008
EXCEL LONDON
SEPTEMBER 17-18 2008
Further info from www.nolimitshow.co.uk

NATIONAL INDEPENDENT LIVING EXHIBITION
EXCEL HOTEL LONDON
SEPTEMBER 17-18 2008
further information from www.nolimitsshow.co.uk

We don’t apologise for including yet another article on ‘hospital bugs’ as they are constantly in the news. Our ‘NHS & BUGS’ section of the ’Beehive’ site, is updated frequently as to what we are being informed by the Government. Frankly, the facts and figures being offered by the NHS conflict. One day MRSA cases are either ‘up’ and the next day ‘down’.

The same applies to C/diff, and what ever the NHS say, the countries leading medical professors and doctors dispute the figures saying that they are much higher than the NHS is reporting. One thing we all know in the office is that almost everybody we meet or speak to on the ‘phone is concerned about MRSA and C/diff bugs, and particularly if they are about to go into hospital or have been in hospital. Many of said categorically that they will not have an operation in an NHS hospital, no matter what the circumstances. The Governments ‘deep clean’ operation has become something of a joke over recent months, but are said to be 25% complete.

The latest official reports on the deaths from the hospital super-bug Clostridium difficile [C/diff] have soared to record levels in a damning indictment of hygiene levels in the Health Service. The C/diff bug killed and hastened the death of almost 6500 patients in 2006, a staggering increase of 72% on 2005, and governments report for 2007 say a total of 8000 deaths from both MRSA and C/difficile, but private estimates up this number to 10,000 in 2007.

In more than half of these cases, C/diff was the main cause of death and in others it contributed towards the death. These are the figures that we know about through death certificates showing C/diff as the official cause of death or a contributory factor. Many hundreds, if not thousands of certificates are said to hide the true cause of death which may be either C/diff or MRSA. C/diff is now a bigger killer than MRSA. In 1995 there were 198 deaths, and in 2006 1652 from MRSA ,and in 1999, when figures for C/diff started to be recorded officially, C/diff were numbered at 975 and in 2006 there were 6480. [Figures from the Office for National Statistics].

Deaths from MRSA are also high with 1.652 deaths, but not a patch on C/diff, but equally terrifying, and since 1993, some 9510 deaths have been directly associated with the bug. The Sunday Times revealed on April 23 2008, that MRSA death figures are more like 10,000 per annum rather than the 8000 the government are saying.

Patients representatives and politicians say the figures highlighted the failure of numerous Government drives to stop the rise of these killer bugs which thrive in filthy conditions. The majority of deaths have mainly affected elderly people followed by the most ill and vulnerable whose immune systems are generally low and could have recently undergone anti-biotic treatment, and who are patients in hospitals and care homes.

The thought is that the increase in C/diff is due to the emergence of a super-deadly strain which we reported on earlier this year. This ‘new’ strain is resistant to soap, detergent and water which we are told are still being used to wash hands with powerful disinfections to combat the bugs and keep floors - and hopefully toilets - bug free. We cannot believe that these simple cleaning material are still used to combat these terrible bugs, but that we are told. What about the anti-biotic washes and gels we all read about?

The Government are still insisting that stringent hand washing guidance is being applied, a bare below the elbow dress code, matrons back in charge of the cleanliness of wards and the on-going ‘deep-clean’ on every ward which we can find no reports off except in Gloucestershire. Whether it has actually commenced yet is another question.

A recent BBC1 TV programme revealed via. CCTV cameras stationed close to ‘Gel stations’ outside wards and clinics, that less than 50% of nurses, doctors, cleaners, auxiliary staff and back-up staff failed to wash their hands before entering the ward or clinic and most visitors did not give the ‘Gel Station’ a glance, even though large ‘banner’ style notices with the wording “WASH YOUR HANDS” were hung across the ward doors.

[1] GP’S DO LESS FOR MORE: The National Audit Office have produced a damaging report saying that GP’s are doing less work, getting more money, providing a poor deal for tax payers, pocketing a greater proportion of their funding and passing work onto nursing staff they employ but in many cases not putting their wages up in line with inflation. The GP’s are seeing fewer patients and are working seven hours a weeks less. Consultations have dropped to 2.5instead of 1.5 percent predicted by the government and GPs’ are only carrying out 66% of consultations down from 79% before the 2004 contract with practice doing the rest. The good news is that GP’s are spending more time with their patients. That is good news?

These revelation’s blows apart the defence by the doctors that they are spending it on extra staff and services since the introduction of a lucrative contract in 2004 which increased GP’s pay by 65% to an average of £113.164 per annum costing the government £1.76 billion a year.

[2] WHO CAN RECEIVE CARERS ALLOWANCE: You may be entitled to the Carer’s Allowance if you care for someone who is ill or disabled in their own home. If you are paid the allowance, your other state benefits, if you receive them, may decrease or increase and in some cases, the benefit of the person being cared for may also be affected. Many carers simply forget about claiming the Carers Allowance because it causes so many problems, especially the possible loss of income and it is simply is not worth claiming for.

Not every carer is entitled to the Carers Allowance. This is due to certain rules which apply to the carer, and the person being cared for. The general rules are as following:

THE CARER:

Must be over 16 years of age

You must be spending at least 35 hours per week looking after an ill or disabled person. You do not have to care for them every day - just for the 35 hours per week.

You cannot earn over a certain amount of money from other work such as your normal full or part time job after any allowances have been deducted. The maximum amount you can earn varies from year and is referred to in the Budget with changes taking place each April/September. For 2007 the Carers Allowance for a full time carer at the standard rate is £48.65 plus a Christmas bonus. To be eligible for the Carers Allowance, your savings are not taken into account and it also depends on whether you have paid any National Insurance contributions throughout your working life which is taken into account when deciding the amount of the allowance you could receive.

You cannot claim or receive the Carers Allowance if you are partaking in full time education - this means more than 21 hours a week or more of supervised study - not a computer course.

THE PERSON BEING CARED FOR:

The person you are caring for must be receiving one of the following benefits which is paid to them for their care.

Attendance Allowance OR

The middle or higher rate of the Care Component of the
Disability Living Allowance OR

Constant Attendance Allowance with either an Industrial Injuries
Disablement Benefit at or above the normal maximum rate or War Disablement Pension at the basic full day rate or above.

If the person you are caring for does not receive any of the above
benefits and you care for them in excess of 38 hours per week
then it is odds on that they would be entitled to one of these
benefits.

There is a rather unfair and somewhat complicated formula whereby certain benefits that the person being cared for receives will be reduced if the carer receives the Carers Allowance. For example, if the cared for person receives Income Support, they may lose the Severe Disability Premium if that is included. It called giving with the left hand and taking with the right! Rather than complicate this article, we advice that you seek expert advice as it become more and more complicated and crown it all, the Carers Allowance is also taxable.

Many people find that it is simply is not worth claiming the benefit as it is difficult to work out if one is entitled to it, either the carer or the person being cared for could lose money, its taxable and some benefits are ‘over-lapping’ ones, adding to the complications.

There are six organisations that potential claimants may turn to for help: Carers UK 0808 808 7777 or www.carersuk.org. The Princes Royal Trust for Carers 020 7480 7788 or www.carers.org. Crossroads: 0845 450 0350 or www.crossroads.org.uk. Arthritis Care: www.arthritiscare.org.uk. Benefits enquiry line: 0800 882 200 or www.direct.gov.uk/carer. Citizens Advice Bureau: see local telephone lists for number or log onto www.citzensadvice.org.uk

As ever, the information contained within this article is current at the time of going to print [July 2007] and could change at anytime due to government changes, so check carefully for the latest information at your local Work and Pensions office or log onto www.directgov.com and insert ‘carers allowance’ in the search area at the top right hand corner of the home page.

The reasons behind the drop in GP productivity has been associated with 90% of GP’s dropping out of responsibility of patient care after surgery hours. Nursing representatives are saying that the extra work practise nurses are dealing with should be given fair pay and recognised for the work they are carrying out as they are delivering a high consistently of quality care.

Of course the government are saying that the GPs’ are honouring their pay increases and was carried out to stop the haemorrhaging of GPs’ from the NHS and improve the quality of care. It looks like it? #36

[3] COUPLES STAY TOGETHER: The Health Secretary has pledged that elderly couples will be allowed to stay together if one of them is forced to enter a care home. The Government has announced that they are to build more ‘extra care housing’ - a form of sheltered accommodation with care on hand - for frail couples to reside in with additional nursing at a high level including palliative care for the terminal ill. We do not like the sound of “sheltered accommodation”. Just £40 million a year is being made available for to local authorities to build ‘extra-care’ housing. £40 million among how many local authorities?

The extra funding announced by Harriet Harman in March 2008 for those caring for elderly relatives so that they can be provided for bathing, dressing, shopping, cooking, etc. means that carers may work and not loose their benefits associated with caring.

[4] THE ABOLISHMENT OF MIXED WARDS IS A SHAME: Ministers have reneged on their on their promises to end the humiliation of mixed-sex wards. However, having pledged that half the accommodation built in new hospitals would be single rooms offering patients privacy and dignity, this policy has failed. Having ‘reneged’ once on so-called promises how can we believe their new ‘promises’? Eight out of ten new hospitals built since 2001 have failed to meet this ‘promise’. One in ten do not have ‘on-suite’ bathrooms and still have to share bathrooms and toilets with members of the opposite sex. 80% of NHS hospitals patients are not fully segregated on wards despite patients concerns about safety and privacy.

In addition to the issue’s of privacy, dignity and safety, people suffering from the effects of MRSA and C/diff for instance, should be isolated from ward patients to prevent the spreading of their ‘bugs’ and ‘diseases’ and should not be permitted to mix. It is no wonder the NHS cannot eradicated these ‘bugs’ as they are helping to spread MRSA & C/diff in such circumstances.

Patients have the right under the Human Right Act for ‘privacy’, that is clear, but hospital trusts appear to ignore this important ‘right’ and continue to ‘abuse’ the rights of patients. A Patient suffering from MRSA or C/diff or diarrhoea or any other infectious illness or disease must be isolated to curtail the spread of the problem, but due to relatively old hospital designs where individual rooms are limited something must be carried out within hospitals to deal with the situation by re-vamping interiors. So-called ’deep-cleaning’ is not the sole answer.

[5] NEED HELP TO PAY YOUR POWER BILLS - YOU ONLY HAVE TO ASK: 4.5 million households are suffering from ‘fuel poverty’ This includes people who use ‘oil’ for cooking and heating in more rural and remote areas which has increased in price by 66% The qualification for this means that more than a tenth of income is spent on gas and electricity, and as the bills increase, so dose the number grows A damning report by the fuel watchdog shows UK energy suppliers spend just 0.1 per cent of their joint £24 billion turnover on helping vulnerable customers but help is available for those who are in the know.

Energy suppliers have available many energy saving packages for their vulnerable customers from free cavity wall insulation, finding lower tariffs, energy bulbs, reduced priced fridges and freezers, new boilers and radiators, etc. subject to assessment.

All the major energy suppliers have a scheme operating for people who are suffering from ‘fuel poverty’, just call your supplier and inform them of your circumstances, if you qualify from the receipt of certain state benefits, aged over 60 or you are living with a low income families Not all suppliers offer the same price saving scheme so shop around to see what you can find. #50.

[6] AD OR AUDIO DESCRIPTION: Audio Description is a free service that can transform the enjoyment of TV for people with sight problems Like a narrator telling a storey, an additional commentary describes body language, expressions and movements - giving sight through sound Its easy to obtain AD, just call 08456 01 01 81 or visit www.audiodescription.org.uk #3

[7] ID DATA BASES PUT PATIENTS AT RISK: Millions of UK citizens face having their lives made a ‘misery’ by mistakes on Government databases. Experts warn these errors could put lives at risk by prescribing inappropriate medical treatment.

Two million people or 4% of the population have already found that incorrect information had been stored under their name by Whitehall or local authorities. This two million increases when partial or incomplete is included and possible different department holding conflicting pieces of information about a person.

When information has been attempted to be ‘shared’ as often occurs when state benefits and housing benefit are claimed, it was found that it lead to ‘mismatches’ in 30 per cent of cases. This could lead to serious consequences including wrong identification of a diabetic or somebody suffering from the condition not being treated in an emergency or somebody being identified and wrongly recorded as being dead, if particulars are very similar between one or more people.

The researchers suggest that every member of the public should inspect the records under their name by checking the data bases of the NHS, the Department of Works & Pensions, tax credits, HM Revenue and Customs, Passport offices, etc. Each department has to be contacted individually and will cost up to £10 per search. This research follows the many loses of government databases including on two occasions personal, private and confidential information on claimants using the Independent Living Fund which includes serious disabled people and the elderly. These data bases are collecting more and more information about UK individuals which concerns many particularly as the Government cannot seem to prevent it from being stolen.

It may be remembered that in mid-summer 2007, many GP surgeries commenced using the NHS data base to store personal, private and confidential patient information, such as illnesses, diseases, medication, names and private addresses, telephone numbers, next of kin, etc. You have the right in law NOT to be included on the NHS data base, so if you do not want your details included then inform your GP. The aim of the NHS data base is so that every single NHS hospital and GP surgery throughout England, Northern Ireland, Wales and Scotland can look up patients medical records if needs be in cases of emergency or illness whilst away from the patients home.

[8] CARERS ENQUIRY: The Work and Pensions Committee has announced an inquiry to examine the Department for Work and Pensions’ existing approach to carers. Key areas that are likely to be covered by the inquiry include information and advice awareness, income and Carer’s Allowance, employment strategy and training opportunities and equality, recognition and discrimination. All of these areas have been closely examined during the ongoing review of the National Strategy for Carers and throughout the consultations taking place around the country over the past 8 months.

Carers will have a vital role to play in the coming years. We need to constantly evaluate new evidence and new policies to support carers. We need to find long-term solutions to prevent poor health, poverty and social isolation. Society is changing, yet many of our policies for carers were designed in the 1970s. An inquiry into the effectiveness of the Department of Works and Pensions approach to carers will be an excellent opportunity to introduce new ideas and devise new solutions, at a time when the revised National Strategy for Carers and the Green Paper on social care are set to deliver real change for carers."

[9] REGISTRATION OF CLASS THREE POWERED SCOOTERS: Following requests for clarification on this matter, not to say confusion, under the Use of Invalid Carriages on the Highways Regulations 1988, invalid carriage’s have been divided into three category’s.

Class 3 ‘mechanically propelled invalid carriages’ [or as we know them powered scooters] capable of exceeding 4 mph but incapable of exceeding 8 mph on a level surface under its own power, are also subject to the Road Vehicles [Registration and Licensing] Regulations 2001 therefore they must be registered with the DVLA.

To assist owners of such ’invalid carriages’ it is necessary to be in possession of the following forms obtainable from the DVLA, Longview Road, Swansea, SA6 7JL

1. To register a ‘used’ class 3 invalid carriage obtain form INF211
2. To register a ‘new’ class 3 invalid carriage obtain form INF210
3. Booklet V100 is also a useful book to read prior to
   registration.

As we have stated in previous articles on this matter, following registration, owners of a class 3 invalid carriage will receive a NIL exemption tax disc identical to a vehicle excise licence, which must be displayed on the ’invalid carriage’ in a conspicuous position, and a vehicle registration log book, again similar to a vehicle log book and thereafter will receive documentation to renew their excise licence annually. Owners of ‘Invalid carriages’ sold, destroyed or not used on a public highway must inform the DVLA of the circumstances to avoid possible prosecution. All ‘new’ purchases must be reported to the DVLA for registration, etc. Treat ‘invalid carriages’ as if they were motor vehicles, its that easy.

[10] BENEFITS PAY BETTER THAN WORKING: 20,000 families on state benefits are better off not working but claiming benefits amounting to more than £30,000 per annum instead. There are also 70,000 households claiming benefits in excess of £25,000 per annum.

The UK ‘benefit dependency’ society flushes despite the Government attempts to get people back to work. 0.3% of households fall into these figurers which includes the elderly and the vulnerable of our society as well as single parents looking after a disabled partner and/or children with severe or multiple disabilities.

In the meantime 2.7 million claimants of Incapacity Benefit are about to face re-assessments with the aim of returning to work at least 1.2 million and the curtailment of all benefits, if three reasonable job offers are declined by the claimant.

[11] MP’S INQUIRY IN CARERS BENEFITS: The Work and Pensions Select Committee is an influential committee of MPs which examines the work of the Department for Work and Pensions. It has announced it will carry out an inquiry into the Department's approach to carers, including benefits, information and discrimination. The announcement of the inquiry on carers shows how it is now one of the key political issues in the UK.

[12] CARERS UK HAILS LANDMARK CASE AS MILLIONS OF CARERS GET INCREASED PROTECTION AT WORK: A carer has won the initial stages of her case at the European Court of Justice which could give new rights to millions of carers. The Advocate-General agreed today that the carer Sharon Coleman suffered "discrimination by association". She had claimed that she was discriminated against and harassed because she had a disabled son. Sharon Coleman claimed that her employer, London law firm Attridge Law, treated her less favourably than it did other parents of non-disabled children. Amongst other things, she was accused of being “lazy” when she needed to take time off to care for her child and threatened with disciplinary action. Commenting on the case, Imelda Redmond, Chief Executive of Carers UK, said “This is a positive step towards true equality for carers. Too many carers face discrimination at work, yet they are the bedrock of our communities and society.”

“This landmark legal opinion means that employers will have to alter the way they treat carers in their workforce. There are currently 2.5 million carers who are in work, yet one in five gives up work to care, meaning that we are losing thousands of people from the workforce every year. Every employer will have to look at their recruitment and employment practices and make sure they are not discriminating against carers. At a time when we have a shortage of skilled workers, this makes good business sense.” She continued “This is an important start, but we need to go further and ensure that carers are protected from discrimination in all aspects of their lives, not just employment. We think there should be a duty on public sector organisations to actively promote equality between carers and non-carers and that service providers should also be required to treat carers equally.”

“The Prime Minister will publish, hopefully, his National Carers Strategy later this year and we are lobbying for it to include carers in the new equalities legislation which will be introduced next year. How we help families care for elderly and disabled relatives will be one of the biggest challenges of the 21st Century and Government has an opportunity to get the right laws in place to deal with it.”

UPDATE: This case has now been finally settled with the Judgement that basically says “Every employer will have to look at their recruitment and employment practices and make sure they are not discriminating”.

[13] LOOKING FOR CARE ADVICE?: A new booklet has been published by the Commission for Social Care Inspection that helps people their relatives or carers to ask the correct questions, ascertain their options and then make the correct choices about care. The booklet ‘Social Care -choosing the right service for you’ is being distributed via GP’s surgeries, CAB offices, advice centres, etc. or it can be downloaded from www.csci.org.uk.

[14] ILLEGAL STAFF: A three year old report says hundreds of illegal immigrants are working in care homes a leaked Home Office report reveals. How many are there now? Fake identity is being used to obtain jobs which puts into question the Criminal Records Bureau check before employing such people to protect the vulnerable. Some homes have more than half of their staff consisting of ‘illegal immigrants’, with one firm employing 113 such staff in two homes.

Not only are CRB checks apparently being carried out correctly, but it is strongly suspected that any references are surely bogus as well. Clearly a low priority is being given to ‘vulnerable’ people to allow the unemployment of illegal immigrants who are clearly untrustworthy and lie to obtain jobs. The government, if you believe them, now insists on fingerprints with each visa application before the applicant reaches UK soil, identity cards to become compulsory and from November ‘08, £10,000 on-the-spot fine for employing illegal workers.

There is great difficulty in obtaining details of criminal records from Eastern European countries. In fact it is almost impossible, as the UK police are finding out, as is the checks on visa’s, driving licences, vehicle registration, drivers, etc. The requests are not exactly refused, but never arrive. It would appear that what the UK Government are requesting from immigrants who wish to work in the United Kingdom such as fingerprints cannot be verified, so where does this leave future employers and those being cared for?

Now demands are being made to the government to reveal what they have done about this revelation which is said to be ‘widespread’ after examining 110 suspected cases. One care home in Hampshire had 58 illegal immigrants out of a staff of 113. No deterrent is in place for illegal immigrants being involved in such activities, so once again vulnerable people have been, are supposedly still being placed in the care of people who produce false documentation for their employment.

[15] ACAS INTERVENES: As from April ‘08, all agency care workers will have the right to withdraw from services provided by their agencies, such as accommodation or transport without suffering any loss in pay or benefits, provided they give a period of notice.

[2] With effect from April 6 ‘07, the right to request flexible working is extended to employees with responsibility for caring for:

spouses and partners
adult relatives as defined
adults living at the same address as their employee

There are some 2.6 million carers in the UK that could be affected by these changes so ACAS has produced an advisory booklet on these rights and it is available from them at www.acas.org.uk

[16] CARERS ENQUIRY: The Work and Pensions Committee has announced an inquiry to examine the Department for Work and Pensions’ existing approach to carers. Key areas that are likely to be covered by the inquiry include information and advice awareness, income and Carer’s Allowance, employment strategy and training opportunities and equality, recognition and discrimination. All of these areas have been closely examined during the ongoing review of the National Strategy for Carers and throughout the consultations taking place around the country over the past 8 months.

Carers will have a vital role to play in the coming years. We need to constantly evaluate new evidence and new policies to support carers. We need to find long-term solutions to prevent poor health, poverty and social isolation. Society is changing, yet many of our policies for carers were designed in the 1970s. An inquiry into the effectiveness of the Department of Works and Pensions approach to carers will be an excellent opportunity to introduce new ideas and devise new solutions, at a time when the revised National Strategy for Carers and the imminent Green Paper on social care are set to deliver real change for carers."

[17] HOSPITAL HIT BY C/DIFF FOUR DAYS AFTER £300,000 CLEAN UP: Just four days after receiving a ‘shock and or’ cleaning session, the Countess of Chester Hospital Foundation Trust was hit by the deadly C/diff which has affected 26 patients so far. Hospital bosses have ordered that the area be bleached, yes bleached immediately. Remember ‘bleach’ kills all known germs!.

April 2008 should have been the latest date when all NHS hospitals should have been ‘deep cleaned’ in order to tackle MRSA and C/diff, but it is expected that only 169 NHS hospitals would have done so, one in ten. Some hospitals are not expected to obey government directions until October ‘08 whilst the killer diseases continue to survive and kill. Doctors have now agreed with the contractors employed by the government to carry out the deep clean that a ‘one-off’ deep clean was not an affective way of tackling the problems. Haven't we been saying this for the whole of 2007!

The Countess of Chester hospital are currently bleaching affected areas three times a day with bleach, ensuring infection prevention and control is in place, placing patients in side rooms or on a ward isolated for those suffering from one or other of the deadly virus’s which is far from ideal, strict hand-washing regimes for staff and any visitors being enforced on all wards. So why weren't these precautions in place in the first place to prevent the outbreak?

Those ridiculing the ‘deep clean’ government strategy say there is no substitute for regular thorough cleaning and for the highest standard of hygiene among staff and patients which is still not fully practised. As we have said before, the sufferers of a low immune system’s, elderly, vulnerable, sick and frail are at the highest risk of catching MRSA or C/diff, particularly when having been treated with anti-bio tics recently before entering an NHS hospital.

So what faith have we really got in NHS hospitals? Are we placing our very lives in the hands of these people? The answer as far as we are concerned is none to the first question and yes to the second particularly after the announcement that nurses think that care is no longer a priority. More than half of NHS staff no longer think ‘care’ is a top ‘priority’ according to a survey. The poll received responses from 155,922 NHS staff members and half of 300,000 contracted staff. All 391 hospital and ambulance trusts responded to the poll. Other anomalies were revealed such as that work was not valid by employers and many thought that no effective communication existed between staff and management. Trade Unisons such as Unison blamed financial targets and increasing privatisation for pushing aside patient care. What!

Over 100 years ago, Florence Nightingale made her policies “care with compassion” which resulted in thousands of wounded soldiers being saved from death, is it no wonder that in 2008 thousands are dying from deadly hospital viruses, it this at least partially down to the lack of care?

[18] EX-PATS GET £1M A WEEK: More than £1 million a week is going abroad to ex-pats to pay Incapacity Benefit. [IB] Some 12,000 claimants abroad are involved despite a future crackdown in October 2008 on IB. Many claimants living/resident abroad do not even have to take regular medical tests to see if they are still entitled to the benefit. All that is required is an official confirmation from a GP abroad that the claimant is still sick/injured to be able to work. The cost to the UK government for all claimants of IB here in the UK and abroad is - wait for it - £235 billion a year, twice the annual NHS operating bill or 7% of the population.

So long as the IB was claimed whilst the claimant was resident in the UK and their National Insurance Contribution [NIC] are sufficient, anybody can continue to receive it whilst in any one of the 26 EU countries or their overseas terroritories. EU law directs that a state benefit acquired in one member state must be paid when the claimant moves to another EU state but this is now subject to a government enquiry the result of which is due shortly. Even qualifying immigrants will receive their benefit acquired in the UK if they return home to a EU state following a UK government agreement with other countries, but what about their NIC contributions? One can only wonder what will happen in October 2008 when the IB changes to the Employment and Support Allowance. The all claimants will have to take a medical test to divided them into those deemed to work and other judged to do some form of work. Lets hope this is carried out in the UK.

So, now alleged sick & injured ex-pats living in their villas in the sun and where the cost of living is a lot less than the UK i.e. no huge local authority taxation, cheaper vehicle fuel, gas, electric and water bills, cheaper alcohol and cigarettes, less VAT, no Income Tax in many cases, cheaper restaurant bills, etc. can claim Incapacity Benefits, State Pensions and Winter Fuel Allowance. Add that lot up and there is no need to find work. Nice if you can get it!

[19] UPDATE JULY 2008: DISABILITY BENEFITS AND THE EUROPEAN ECONOMIC AREA AND SWITZERLAND: The European Court of Justice decided on 18 October 2007 that certain UK disability benefits are to be considered to be sickness benefits. This means they'll be paid to some people who leave the UK to live in another European Economic Area (EEA) state or Switzerland. You’ll find information here about what to do if you think you might be affected by the decision.

People and benefits affected
The information here is a guide to the main groups of customers who may be entitled to continue getting a disability benefit if they move to live in another EEA state or Switzerland. The EEA consists of the European Union states plus Norway, Iceland and Liechtenstein.

Further information and eligibility conditions which will apply to people claiming a disability benefit when living another EEA state or Switzerland, and information on other groups of customers who may be able to take their benefit with them when they move, will be added as soon as it becomes available.

The decision affects:

Disability Living Allowance (care component only)
Attendance Allowance
Carer’s Allowance

These benefits can now be paid to you if you are moving to live in another EEA state or Switzerland if you meet certain eligibility conditions. The mobility component of Disability Living Allowance has not been affected by this judgement and the usual rules will continue to apply.

[20] SCRAPPED 10P: The ’U’ turn by the former Chancellor now our Prime Minster makes one wonder if the Government, any government may be ever trusted. More than 5.3 million people, including some pensioners and low income families, will be affected by this ’U’ turn. Women who retired at pension age but do not receive the higher pensioners tax until they are 65, will be particular hard hit.

[21] STARVING IN SOILED BEDCLOTHES: The watchdog Heathcare Commission has issued a damning report that says elderly patients are being left to starve in soiled bedclothes. The Commissioners further claim that GP’s are rude, allow patients only the briefest of consultations and miss symptoms of deadly diseases. Far to often NHS Trust failed to take complaints seriously and/or failed to apologise when they were clearly wrong.

Other issues of concern were, alarm bells were out of reach to the patient in bed, hospital care, unmet personal hygiene, lack of privacy, inadequate help when eating and nursing staff being ‘sharp’ or ‘abrupt’. Patients were not regularly bathed or given hair care, nail and oral hygiene attention, soiled bed lining and clothing, lack of modesty, inedible food, lack of assistance to help eat for frail patients. Of course the government via Health Minster Ann Keen disagrees with their own Commission saying that the healthcare in the UK was as safe as the US, Australia, New Zealand or Denmark. Clearly Keen has not been in a UK NHS hospital recently.

[22] RAILWAY STATIONS TO BE MORE ACCESSIBLE: Additional funding is to be made available for upgrades at railway stations to make rail travel more accessible for disabled people. The Department for Transport have made available £370 million for the ‘Access for All Programme’ scheme which will develop station infrastructure to provide step free access from the station entrance to all platforms. Lighting, toilets, hearing induction loops and passenger information screens will also be improved.

Forty stations are to be improved in England and in Scotland whereby others improvements will also be announced. Blue Badge parking spaces are also to be improved. These upgrades are planned for completion between 2012 and 2015. During 2008/2009, 43 stations will benefit from mobility improvements.

Already, many railway stations have been upgraded but very many remain as they were in Victorian times, particularly in rural areas, where disabled people suffer the most appalling obstructions with some having to take a taxi to travel from one platform to another due to no suitable track crossing point.

[23] WHICH DIGITAL TELEVISION: The ’Which’ organisation have published a ‘free’ unbiased guide to digital television, providing all the information required to receive the new service. The guide may be obtained by calling 0800 389 6525, quoting reference TECH267.

[24] WHAT DO YOU DO IF DISCRIMINATED AGAINST?: The Equality and Human Rights Commission which replaced the Disability Rights Commission [DRC] in 2007, now deals with complaints against the Disability Discrimination Act 1995, as did the DRC.

If you believe that you have been subjected to discrimination, and have followed the basis principles of trying to resolve the situation with say the owner of a business/shop/hotel/cafe/pub, etc. then you may write to the appropriate area Equality and Human Rights Commission who have three UK mainland offices:

SCOTLAND: Equality and Human Rights Commission Scotland, FREEPOST RRLL-GYLB-UJTA, The Optima Building, 58 Robertson Street, Glasgow, G28DU

ENGLAND: Equality and Human Rights Commission
FREEPOST RRLL-GHUX-CTRX, Arndale House, Arndale Centre,
Manchester, M43EQ

WALES: Equality and Human Rights Commission Wales
FREEPOST RRLR-UEYB-UYZl, 1st Floor, 3, Callaghan Square, Cardiff, CF105BT

[25] PUTTING PEOPLE FIRST: You may remember that in March 2008 we reported on our new Prime Ministers plans to help the elderly and disabled and everything was ‘rosy’. We also warned that “time will tell”. Well “time” has arrived.

To remind you all, ‘putting people first’ was designed to transfer social care to personalise and individual budgets where funding would be given direct to those qualifying to pay for their care themselves. £520 million over three years was indicated and you can now see how much your local authority [district or county] is or has received on the following Department of Health website www.dh.gov.uk/en/SocialCare/SocialCareReform/Personalisation

The introduction of these new proposals is not only going to be supported by an any legislation, but also the Department of Health are not proposing to issue any help or guidance in implementing the ‘putting people first’ programme, and to resort to practical suggestions on how to put the resource application program together, and set up the support planning and brokerage. This could and may well lead to legal enforcement.

Many local authorities have not yet so far implemented the whole guidance of ‘direct payment’ - [Independent Living fund 2007] - so now, and without any guidance proposed in introducing the proposed ‘individual budgets’ , how can local authorities be trusted to make sure that that qualifying people will receive the care and support and that they are able to look after their own affairs such as calculation income tax, national insurance contributions, pay sheets, etc.

So far, many local authority employees are not all that clued up about the ‘putting people first’ proposals. It will be up to the local authorities to decide how they are to implement the proposals of the new ‘social care’ and frankly we are also confused about the whole issue as we mentioned in our March 2008 article.

As we see it, there will be in the future the Independent Living Fund 2007/Adult Community Care Services operating at the same time as the ’Putting People First’ proposals. We were under the impression that local authorities were so strapped for cash that only ‘critical’ and ‘substantial’ suffers were to receive the former social services care and help.

There are the website's, www.individualbudgets.csip.org.uk along with www.in-conrol.org.uk who explain ‘individual budgets’

[26] AGE BARRING COULD AS BAD AS RACISM: The elderly will no longer be able to be barred from NHS treatment, credit cards or travel insurance under plans to make ageism as unacceptable as racism. The Equalities Minister Harrier Harman will during June 2008 unveil proposals to outlaw proposals to outlaw age discrimination in the provision of all goods and services - shades of the Disabled Disability Act 1995?

This is a massive step forward if it all goes through, as the banning of discrimination will assist the fight for equal rights for older persons.

[27] WHERE DOES SOME OF STATE BENEFITS GO?: The release of Abu Qatada, the fanatical cleric from prison on bail has resulted in a payment of £8000 a year to him because he has a bad back. He also receives £150 per week in Incapacity Benefit [IB]. He lives in a £800,000 four bedroom house, and due to his IB benefits, his families income will be £50,000 a year. His wife has been claiming £45,000 a year in child benefits, income support, housing benefit and council tax credit for the past four years according to reports whilst hubby was a guest of HM Prison where it cost thousands to keep him there under tight security. In addition, the state is now spending £500,000 a year providing round the clock surveillance on Qatada who is only allowed out of his home for two hours a day.

Qatada arrive in the Uk 14 years ago on a forged passport which was not detected, and was granted asylum would you believe a year later. He has been convicted of terror attacks in Jordan and plotting bombs and has spent periods of imprisonment in the UK. Welcome to the UK.

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